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2025 DAILYLAW 8230 (JHR)

MOHAMMAD AMIS KHAN ALIAS AMIS KHAN v. THE STATE OF JHARKHAND

A.B.A./1738/2025 · 2025-03-18

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 1738 of 2025 Mohammad Amis Khan @ Amis Khan, aged about 27 years, son of Md. Shahid Khan, Resident of 50-Idgah Road, Near Talab, New Islampur, Pandarpala, P.S. & P.O. Bishunpur, District Dhanbad. … Petitioner Versus The State of Jharkhand … opp. party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. R.S.Mazunmdar, Sr. Adv. For the State : Mr. Vijoy Kr. Mishra , Addl.. PP 02 / 18.03.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Bankmore (Bhuli O.P.) P.S. Case No. 22 of 2025 registered for the offences punishable under Sections 64 (1), 69 of the BNS, 2023. Learned senior counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner committed rape upon the victim and had sexual intercourse with the informant-victim by adopting deceitfulness. It is then submitted that the allegations against the petitioner are all false and it is at best a case of consensual sexual relationship between two major persons. It is further submitted by learned counsel for the petitioner that admittedly, the informant was having physical relationship with the petitioner for considerable period of time and a male child was born out of the relationship also which goes to show that both of them were consenting parties. Drawing attention of the Court to para 63-64 of the case diary, learned senior counsel for the petitioner submits that the independent witness Farhan Ansari and Rashid Javed, have categorically stated that there was break up between the petitioner and the informant because the informant solemnized marriage with someone else. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and also undertakes to furnish sufficient security including cash security and he undertakes not to annoy or disturb the informant-victim in any manner during pendency of the case hence, the petitioner be given the privilege of anticipatory bail. The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on depositing Rs. 25,000/- as cash security and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Dhanbad in connection with Bankmore (Bhuli O.P.) P.S. Case No. 22 of 2025 subject to the condition that the petitioner will not annoy or disturb the informant-victim in any manner during pendency of the case and will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile phone number during the pendency of the case along with the other conditions laid down under section 482 (2) of BNSS, 2023. (ANIL KUMAR CHOUDHARY, J.) Smita/-